Picture-in-Picture Deposition Video
Picture-in-Picture Deposition Video does for evidence in a deposition what video does for testimony in a deposition
#1 – PiP Deposition Video Eliminates Ambiguity
Have you ever been involved in a deposition where a witness was handed a map or a blank sheet of paper and asked to describe a series of events, only to do so using relative terms like this or that, here or there, left and right?
It is easy to overlook this conversational shorthand at the deposition, but for a far removed judge and jury, this shorthand can be, at best, incredibly frustrating and, at worst, detrimental to the communication of your case.
By using PiP video, that same ambiguity can be eliminated because the witness can show on the video exactly what it is they were testifying to when they said, “I started over here, but to get there, I had to turn down this street to avoid that construction, and then had to make a left and then a right to get to my destination”.
#2 – PiP Deposition Video Increases Flexibility
By capturing the written record, the audio/video record, and the exhibits being used, you now have the ability to review or present this multimedia throughout the lifecycle of your case.
With all three of those assets being preserved, when something isn’t clear in the transcript or witness video alone, you can also share the exhibit video. Additionally, when you’re presenting or editing the clips for trial, you can use any combination of what you have captured to present the testimony/evidence in the most effective way possible.
#3 – PiP Deposition Video Bolsters Admissibility
Because we eliminated the ambiguity and because we have increased flexibility, as a result, the chance that the video/evidence is admitted is bolstered.
Because the evidence and the testimony is being captured contemporaneously, it is easy to point out that the exhibit being presented is an accurate representation of what occurred at the time of the deposition. It is true that in place of a PiP Deposition we could present exhibits using trial presentation software at the same time as they are being discussed on the record, however, we have no context or indication as to what actually occurred with those exhibits during the deposition, so when a witness testifies to “this” or “that” we aren’t able to follow along and help to focus the jury in on the relevant portions of the exhibit. If we did, we risk raising an objection from the other side.
Additionally, because we have recorded both the witness and the witness+evidence, if there is an objection to an exhibit, but not the testimony, or if the judge rules that the testimony is admissible, but not the exhibit, we can make a few quick edits and play back the deposition video seamlessly with or without the exhibit. On the other hand, if evidence is shown to a witness who then displays it to the judge/jury while they testify and there is no way to extricate that evidence from our camera’s recording, it may be that the testimony gets thrown out along with the evidence, or we have to play back just the audio or worse yet, read that portion of the transcript out of context.
#4 – PiP Deposition Video Piques Interest
If you have ever been in a trial, you know this to be true. For long stretches of testimony or when witnesses are presented by video, but there are no documents, videos, models, or other pieces of evidence/demonstrative aids, jurors and judges disengage, become bored, stop listening, or worse… fall asleep.
When a piece of evidence is shown, everyone in the room becomes interested. You can see people sit forward in their seats, engage with the evidence and correlate it to the testimony being given.
We humans learn through all five of our senses and the more of our senses that are engaged in the courtroom, the better the chances that the judge and jury will retain what has been presented.
Consider this – people tend to remember:
- 10% of what they hear
- 20% of what they see
- 65% of what they see and hear
Picture in Picture Deposition Video is a huge benefit to lawyers, because it eliminates ambiguity, increases flexibility, bolsters admissibility, and piques interest.